Having carefully considered the submissions of both learned Counsels and having gone through the application for remand and its attached affidavit and having scrutinised the different rulings and judgment tendered before this Court, I find the following Learned Magistrate relied upon that to release the accused on bail. The Court below in relying on the cooperation of the accused to the authorities and an averment or evidence of the deponent to the application of the NDEA, that he does not object to the imposition of bail. Derjacques for the defence contends further that this Court should follow the approach of the learned Magistrate in the Court below by enlarging the accused on bail. Derjacques produced two rulings, one in respect of a bail order and secondly in respect of a sentence in the case of Richard Allain Joseph and Ors in which my learned brother Judge Vidot had released the accused on bail in a case in which the net value of the cannabis herbal material was 2 kilograms and 951 grams, and he argues that the Court should take notice and apply the judgment in this case. He further argues that the 1 st accused has voluntarily submit to this Court by appearing before the Court according to this Court’s summons this afternoon. He submits that the 1 st accused was enlarged on bail on the 31 st of May 2017 by the learned Magistrate Burian and that he had been cooperating with the NDEA since then. Derjacques who appears for all 3 accused persons strenuously objects to the remand application.
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He submits that the public interests favours the remand of the 1 st accused in this case given the seriousness of the offence. Kumar further emphasised that the public interests aspect of the right to bail, that is the right to liberty, is subject to the right of others and the public interests. Kumar for the Republic argues that the new Misuse of Drug Act 2016 still contains retributive objectives, especially when it comes to dealing with trafficking cases and cultivation cases such as the one which is revealed by the facts of this case. The Republic contends further that this case is serious because the cultivation was done by an enhanced indoor means and this is an aggravated factor under the Misuse of Drug Act. The Republic contended that the case is serious given the amount of cannabis substances found in the possession of the accused persons which amounts to a net total weight of 3.945 kilograms.
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The Republic’s application is founded mainly on the seriousness of the offence charged in Count (1) and (2) of the charge sheet. The application for remand is supported by the affidavit of Agent Aubrey Labiche, an Agent of the NDEA.
V&r vspd 485 code#
The prosecution is moving the Court in pursuant to Section 179 of the Criminal Procedure Code as read with Article 18(7) of the Constitution.
V&r vspd 485 full#
Albert Alexander Rodrigues Geers into custody pending the full determination of the matter. This is an application for remanding of the 1 st accused person in this case, Mr.